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Handshake Ends Family Quarrel Over Haulage

10th April 1959, Page 42
10th April 1959
Page 42
Page 42, 10th April 1959 — Handshake Ends Family Quarrel Over Haulage
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Which of the following most accurately describes the problem?

AFAMIIN quarrel which resulted in a man opposing his mother's licensing application, was healed at N6weastle upon Tyne last week by the Northern Licensing Authority, Mr. 5.• A. T. Hanlon. After listening to Mr. Hanlon's comments, Mi. T. F. Crowther went over to his mother and shook her hand.

Mrs. Hannah Crowther, Bishop Auckland, was applying to ,transfer her onevehicle B licence cove-ring furniture carriage to Mr. J. S. Gill, a furniture dealer. Her son objected on the ground that he was a partner in the business and had not given his consent.

Mr. J. L. R. Croft, for Mrs. Crowther, said she was an elderly lady who was stone deaf and her evidence would be given through her son, Mr. Sydney Crowther.

Outlining the case, Mr. Croft said that M June, 1956, the licence came up for renewal and Mrs. Crowther decided to have it only in her name, although c4 previously it had been in the names of herself and two of her sons, Thomas and Sydney, trading as H. Crowther and Sons. He satisfied himSelf that there was no actual partnership, and the Licensing Authority's office allowed the change. Giving evidence on behalf of his mother, Mr, Sydney Crowther said neither he nor his brother had ever been partners. ' "And yet." said Mr. Hanlon, " your solicitor, wrote to the Licensing Authority in 1956 saying that you had retired from the partnership."

Mr. Hanlbn said that, because of an action in the Chancery Division, he had given instructions that no licence held by people apparently trading as partners should be transferred into a single name N without a "discharge " from all the persons concerned. . No discharge had been received from Mr. Crowther, so there had been no authority to issue the licence in Mrs. Crowther's sole name.

Mr. T. F. Crowther said in evidence that he was a partner and was never con sulted about selling the business. In 1954 he had a serious quarrel with his mother over money for lorry tyres, so he bought a business of his own. He later refused, when asked by the Licensing Authority's office, to sign a letter saying that he had resigned from the partnership„ Mr. Crowther added that if his mother did. not want the licence he could find a use for it.

Mr. Hanlon: "Do you really think it is worth an action at law against your mother and brothers? Is it really worth it for the sake of what you might get out of it, less the legal costs?"

. He suggested a short adjournment. asking Mr. Croft, to "get them together." After 10 minutes, Mr. Crowther said he would withdraw.

The hearing was adjourned, pending the hearing of Mr. Gill's application, but he was granted a short term licence. .